Agency Has Not Met Its Burden Under Clean Air Act Standards

September 16, 2010

The National Association of Manufacturers (NAM) last night filed a motion in federal appeals court for a partial stay of the Environmental Protection Agency’s (EPA) planned regulation of greenhouse gas emissions from stationary sources under the Clean Air Act.

According to the EPA, subsequent regulations could trigger new permitting requirements on more than 6 million stationary sources and cost at least $78 billion annually. This motion is not intended to affect implementation of new emissions regulations that apply to cars and light duty trucks starting in 2011.

“If the EPA moves forward and begins regulating stationary sources, it will open the door for the Agency to regulate everything from industrial facilities to farms to even American homes,” said NAM President John Engler. “Such a move would further complicate a permitting process the EPA is not equipped to handle, while increasing costs to the manufacturing sector. Further, the EPA has not done any required analysis of the impact of these rules, and its actions will harm our economic recovery at a time when we desperately need jobs.”

“Our nation continues to face an unemployment rate of 9.6 percent. If the EPA is allowed to continue forward with an overreaching agenda that puts additional and unnecessary burdens on manufacturers and drives up energy costs, it will cause economic harm and instill even more uncertainty into our already fragile economy. These actions will destroy jobs,” said Engler.

“In its zeal to control greenhouse gas emissions from stationary sources, the EPA has ignored the impacts on the economy,” said Quentin Riegel, vice president, litigation and deputy general counsel at the NAM. “The uncertainty surrounding EPA’s regulations will discourage capital investment and, by EPA’s own admission, threaten a regulatory construction freeze in some states. The bottom line is jobs will be lost.”

A partial list of organizations included in the NAM coalition or joining the NAM as movants in this filing include:• American Petroleum Institute (API)• National Petrochemical & Refiners Association (NPRA)• National Association of Home Builders• Corn Refiners Association• Brick Industry Association• Western States Petroleum Association• National Oilseed Processors Association• National Federation of Independent Business (NFIB)• Mississippi Manufacturers Association• Independent Petroleum Association of America• National Mining Association• Energy Intensive Manufacturers Working Group on Greenhouse Gas Regulation• American Iron and Steel Institute• Gerdau Ameristeel US, Inc.• Missouri Joint Municipal Electric Utility Commission• Clean Air Implementation Project• National Environmental Development Association’s Clean Air Regulatory Project